Buddy says: Employees have the right not to be unfairly dismissed. If as a consequence of a third party request, you are no longer able to employ the individual, you must show that the reason you relied on for dismissing the employee falls within on of the six potentially fair reasons for dismissal: capability or qualifications, conduct, retirement, redundancy, illegality or some other substantial reason (SOSR). Once you have established a potentially fair reason for dismissal a tribunal will then decide whether, considering the employer’s size and administrative resources, the employer acted reasonably in relying on that reason as sufficient to dismiss the employee. A tribunal will look at the merits of each case individually.

Employer information: There can be a number of reasons why a third party may refuse to allow an employee on their premises, such as poor performance, misconduct or lack of need for work to be performed. The options available to an employer in responding to the request of a third party will vary according to any contractual agreement between the parties. In assessing the options available you should consider the following:

1. Is there a contractual agreement that permits the third party to require the removal of an employee from their premises?

• Where such a clause exists it should allow for notice to be given to the employer of the individual. This will give the employer time to consider the options available, for example redeploying the employee to another site.
• Request written notice from the third party, citing the reasons why the employee is no longer wanted on the premises.
• Some contracts may require you to replace the departing employee with a substitute, at your own cost. 

2. Inform your employees that a clause requiring their removal from a third party premises exists in their contract. In the absence of such a clause an employer may be forced to provide alternative employment.

3. When a request for removal is made, consider the following alternatives to dismissal: 

• Whether or not dismissal will result in injustice to the employee and what the extent of the injustice might be.
• Find out why the employee is no longer wanted on the premises. Any reason given by a third party could affect the options open to you. It is important to show that you acted reasonably, explored the options available and treated the employee fairly.
• Explore the options available: If there are allegations of misconduct, consider the need for investigating and possible disciplinary action. Likewise, if the work at a particular site has dried up, do not rush into making the employee redundant if s/he could be redeployed elsewhere. The options available to you may vary according to the size and resources of the business. Where there are allegations of misconduct, the third party may take some persuading to allow the employee to return.